West Virginia

At a Glance

Filing requirements and timeline in West Virginia.

In West Virginia, a death certificate must be filed with the section of vital statistics within five days after death and prior to final disposition. The funeral director or other person assuming custody of the body is responsible for obtaining personal data from the next of kin and providing the certificate to the physician for medical certification within 48 hours. The medical certification must be completed within 24 hours of receipt by the physician in charge of the patient's care. Once complete, the funeral director files the certificate.

Who can order copies and where.

West Virginia is not an 'open record' state, meaning there are restrictions on who can obtain death certificates. Generally, certified copies are issued to immediate family members (parents, spouses, adult children, grandchildren, siblings, grandparents) who can provide identification linking them to the deceased. If the death occurred 50 or more years ago, identification is not required. You can order copies from the West Virginia Vital Registration Office or the County Clerk's office in the county where the death occurred.

• –West Virginia Vital Registration Office (WV DHHR) - https://dhhr.wv.gov/HSC/VR/Pages/default.aspx
• –Cost: approximately $12 per certified copy
• –Online ordering is available through VitalChek for convenience.

How do I get a death certificate in West Virginia?

Order certified copies from West Virginia's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in West Virginia?

$12 per certified copy in West Virginia, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

At a Glance

When probate is required in West Virginia.

Probate is the court-supervised process of validating a will, inventorying assets, paying debts and taxes, and distributing the remaining estate. In West Virginia, a simplified small estate process is available if the total value of the decedent's personal probate assets (assets subject to probate) does not exceed $50,000 and the estate does not include real estate. If the estate exceeds these limits or includes real property, formal probate is generally required.

If you die without a will in West Virginia.

If a West Virginia resident dies without a valid will (intestate), the state's intestate succession laws determine how their assets are distributed. These laws prioritize the surviving spouse and children, then other close relatives.

• –If you have a spouse but no descendants or parents, your spouse inherits your entire probate estate.
• –If you have a spouse and descendants, your spouse inherits one-half of your probate estate, and your descendants inherit the other half.
• –If you have descendants but no spouse, your descendants inherit your entire probate estate.
• –If you have no spouse or descendants, your parents inherit your entire probate estate.
• –If you have no spouse, descendants, or parents, your siblings inherit your entire probate estate.
• –If no relatives can be found, the estate escheats to the State of West Virginia.

Avoiding probate in West Virginia.

To avoid probate, West Virginia residents can utilize various estate planning tools. These include creating a revocable living trust, which allows assets to be distributed outside of probate. Other common methods involve designating beneficiaries on accounts (e.g., bank accounts, retirement accounts, life insurance policies) and holding property in joint tenancy with rights of survivorship, where ownership automatically passes to the surviving owner upon death.

How long does probate take in West Virginia?

A straightforward West Virginia probate typically runs several months to over a year, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.

What is the small-estate limit in West Virginia?

$50,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in West Virginia?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does West Virginia allow transfer-on-death deeds?

Yes. West Virginia authorizes the transfer on death deed under W. Va. Code sections 36-12-1 to 36-12-17 (Uniform Real Property Transfer on Death Act). Record it while you are alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. West Virginia adopted the uniform act in 2014; the deed is revocable and must be recorded before the owner's death.

Source: W. Va. Code sections 36-12-1 to 36-12-17 (Uniform Real Property Transfer on Death Act) ↗

Die without a will in West Virginia and this law picks your heirs.

If you die intestate (without a valid will) in West Virginia, W. Va. Code §§ 42-1-3 to 42-1-3c decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted does not matter. Only a signed will changes these defaults.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

• –Spouse only (no descendants or parents): everything.
• –Spouse + parents (no descendants): everything; parents get nothing.
• –Spouse + joint descendants: everything, unless the spouse has children from another relationship, in which case the spouse takes three-fifths.
• –Spouse + blended family: one-half to the spouse; the decedent's descendants split the other half.
• –Source: W. Va. Code §§ 42-1-3 to 42-1-3c

Children's shares.

The decedent's descendants take everything by representation.

No spouse, no children: the line of succession.

After descendants the estate goes to the parents equally, then to the parents' descendants by representation, then half each to the paternal and maternal grandparents or their descendants; with no takers it passes to the state: real property to the State Auditor, personal property to the State Treasurer (§ 42-1-3c).

At a Glance

What West Virginia requires for advance directives.

In West Virginia, any competent adult can execute an advance directive, which can include a living will, a medical power of attorney, or a combined form. These documents allow you to make decisions about your future medical care or appoint someone to make them for you if you become incapacitated. The document must be signed by the declarant or by another person in the declarant's presence and by the declarant's direction. While notarization is not explicitly required by statute for validity, it is highly recommended to ensure authenticity and prevent challenges.

Healthcare power of attorney in West Virginia.

A Medical Power of Attorney (MPOA) in West Virginia is a legal document that designates an agent to make healthcare decisions on your behalf if you are unable to do so. This document becomes effective only upon your incapacity. Your agent can make decisions regarding medical treatment, surgery, medication, and other healthcare matters, following your wishes as expressed in your MPOA or living will. West Virginia law allows for a standalone MPOA or its inclusion in a combined advance directive.

POLST / MOLST forms in West Virginia.

West Virginia recognizes Physician Orders for Life-Sustaining Treatment (WV POST) forms. WV POST is a medical order form for individuals with serious illnesses or frailty who are considered to be at risk for a life-limiting illness or condition. It is designed to ensure that a patient's wishes regarding life-sustaining treatments are honored across healthcare settings. Unlike an advance directive, which is for future care, a POST form is a physician's order that is immediately actionable and travels with the patient. It covers specific medical interventions like CPR, mechanical ventilation, and artificial nutrition.

Where do I get West Virginia's advance directive form?

The controlling law is WV Code §16-30-4, §16-30-5; WV Center for End-of-Life Care, linked as this section's source. Most people use the free statutory form: West Virginia's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does West Virginia require a notary or witnesses for an advance directive?

West Virginia requires 2 adult witnesses; notarization is not required. Anyone 18 or older of sound mind can make one.

At a Glance

Cremation rules in West Virginia.

In West Virginia, a crematory must obtain written permission from authorized individuals (typically the next of kin or legal representative) before cremating a human body. Additionally, if the death falls under the jurisdiction of the Medical Examiner, authorization for cremation must be obtained from the state Medical Examiner, county medical examiner, or county coroner. There is no statutory waiting period specified in West Virginia law before cremation can occur, beyond the time needed to complete the death certificate and obtain necessary authorizations.

Green burial and alternatives in West Virginia.

West Virginia law permits green burial, which involves the disposition of human remains without embalming fluids, vaults, liners, or other non-biodegradable materials, allowing the body to return to the soil naturally. While green burial is legal, it is largely unregulated by specific state statutes, meaning practices can vary by cemetery. Human composting and alkaline hydrolysis (water cremation) are not explicitly addressed in West Virginia statutes, and home burial is generally allowed as long as it complies with local zoning and health regulations.

• –Green burial is legal and permitted in West Virginia, often supported by land conservation efforts.
• –Human composting and alkaline hydrolysis are not explicitly regulated or prohibited, but are not widely available.
• –Home burial is generally allowed, subject to local ordinances and health department rules.

Funeral home regulations in West Virginia.

Funeral homes in West Virginia are licensed and regulated by the West Virginia Board of Funeral Service Examiners. They must adhere to state laws regarding professional conduct, facility requirements, and consumer protection. All funeral homes are also subject to the Federal Trade Commission's (FTC) Funeral Rule, which requires them to provide itemized price lists to consumers, allowing for transparency and comparison shopping. This rule ensures consumers receive clear pricing information before making purchasing decisions.

At a Glance

West Virginia does not have a state estate tax.

West Virginia does not impose a state estate tax. This means that your estate will not be subject to a separate state-level tax on its value upon your death. However, residents of West Virginia may still be subject to the federal estate tax if their estate's value exceeds the federal exemption threshold.

West Virginia does not have an inheritance tax.

West Virginia does not levy an inheritance tax. An inheritance tax is typically paid by the beneficiaries who receive assets from an estate. Since West Virginia does not have this tax, beneficiaries inheriting property from a West Virginia resident will not owe state-level inheritance tax.

Federal estate tax.

The federal estate tax applies to estates over $15 million per person (2026), $30 million for married couples. This is separate from any state estate or inheritance tax. The One Big Beautiful Bill Act (2025) made the higher exemption permanent, so the drop to roughly $7 million once scheduled under the Tax Cuts and Jobs Act never took effect.

Does West Virginia have an estate tax?

No. West Virginia has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.

Does West Virginia have an inheritance tax?

No. West Virginia does not tax inheritances. Heirs owe no state tax on what they receive.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

Registering as a donor in West Virginia.

In West Virginia, you can register to be an organ, eye, and tissue donor through several convenient methods. The most common way is when applying for or renewing your driver's license or state ID at the Department of Motor Vehicles (DMV). You can also register online through the Donate Life West Virginia registry. Making your wishes known through these official channels ensures your decision is legally documented.

• –Donate Life West Virginia Registry - https://donatelifewv.org/register/
• –Register at any West Virginia DMV office when obtaining or renewing your driver's license or state ID.
• –You can also indicate your donor status on your advance directive, though official registration is recommended.

Your family cannot override your decision.

In West Virginia, as in all states, a registered organ donor decision is legally binding under the Uniform Anatomical Gift Act (WV Code §16-19-3). Your family cannot legally override your decision to donate. However, in practice, organ procurement organizations often consult families out of respect and to provide support. Making your wishes known to your family in advance can help prevent misunderstandings and ensure your decision is honored without conflict during a difficult time.